St. Paul Fire & Marine Insurance v. Kendle

Response to Petition for Rehearing by

Judge Nunn

Overruling.

The court adheres to the doctrine announced in the opinion, but observes that if the court, on another trial, .gives instructions 1 and 2, in connection with No. 3, as modified, the issues will not be made quite clear to the jury. In lieu of instructions Nos. 1, 2 and 3, the court on another trial will give to the jury the following instructions :

“(1) The court instructs the jury that they will find for the plaintiff in the sum of $5,000 with interest *123from the 18th day of January, 1912, unless they believe as in instruction No. 2.

“ (2)…